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Home » Utah’s Pardon Process

Utah’s Pardon Process

The Utah Board of Pardons and Parole has authority to grant a pardon or commutation of a criminal conviction. This Board’s authority is used rarely and only in appropriate circumstances. For individuals who qualify and are approved for a pardon, the effect can be life-changing.

The process of applying for a pardon is long and can involve a variety of potential roadblocks. Having an experienced attorney to guide you through the process can help to give you the best chance of success.

Governor’s Pardon in Utah?

Unlike many other states, Utah’s constitution does not vest the pardon authority directly with the governor. Instead, Utah’s constitution formally establishes a Board of Pardons and Parole. Members of the Board are nominated by the governor and confirmed by the Senate. But once appointment to the Board is completed, the members of the Board act independently.

Pardon v. Commutation

The Board of Pardons has authority to either pardon or commute a criminal conviction. Under current Utah law, a pardon can have the same effect as an expungement — meaning that the records of the courts, prosecutors, and police are sealed. More significant for many. record of the conviction no longer appears on official BCI criminal history report.

If the Board chooses to grant a commutation rather than a full pardon, the record of the conviction can be modified to show a lower level of offense. Even a commutation of a conviction can help in restoring rights and re-opening opportunities.

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For the People – For Attorneys

Constitutional Rights of the People

Knowing what you are facing in a Utah criminal prosecution is critical in choosing the right attorney to defend your rights. Articles in this section provide imformation about Utah's criminal justice system that each person should know. Click to learn more.

Information for Utah Criminal Defense Attorneys

The "For Attorneys" section provides tips and articles from the Canyons team intended to assist Utah defense attorneys improve their knowledge base and hone the skills needed to successfully represent clients facing criminal prosecution. These materials must be considered in context of relevant constitutional provisions, procedural rules, case law, and statutes. Reliance on these materials by individuals without the assistance of an experienced attorney is not recommended.

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    Case Results – Select Victories in Utah Criminal Defense

    Victories in Utah Criminal Defense Cases

    Client faced felony charges for allegedly using a gun to menace another driver during road rage incident. Defense trial strategy demonstrated that the alleged victim was the likely aggressor and that client had taken reasonable action to defend himself.

    Client facing first-degree felony and potential life in prison. Effective cross-examination of victim at preliminary hearing showed that someone else had committed the crime. Judge ordered case dismissed without trial.

    First-degree felony burglary charges with gang enhancement were filed based on client’s participation in burglary planned by other individuals. Based on client’s peripheral involvement and evidence his conduct was out of character, prosecutor consented to abeyance agreement at misdemeanor level that would ultimately lead to case dismissal.

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    952 South Main St., Suite A
    Layton, UT 84041

    560 South 300 East, Suite 200
    Salt Lake City, UT 84111

    801-449-1409

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